Common use of Opt Outs and Objections Clause in Contracts

Opt Outs and Objections. (a) Any member of the Settlement Class who wishes to be excluded from the Settlement Class must advise the Parties in writing of that intent and the opt-out request must be postmarked no later than the Opt-Out Deadline. Any member of the Settlement Class who does not properly and timely submit an opt-out request will be bound by this Settlement Agreement and the Final Approval Order and Judgment of Dismissal, including the releases contained in this Settlement Agreement. (b) Any member of the Settlement Class who submits a valid and timely request for exclusion/opt-out will not be bound by the terms of this Settlement Agreement. In a written request for exclusion/opt-out, the member must include: (1) the member’s full name; (2) the member’s address, telephone number, and email address; (3) a statement indicating that they are a member of the Settlement Class and wish to be excluded/opt-out from the Class Action Settlement; and (4) the member’s signature. (c) In no event will the Trustee opt out from the Settlement Class, in any capacity or on behalf of any Contributing Claimant(s). (d) Any member of the Settlement Class who intends to object to this Settlement Agreement or to Settlement Class Counsel’s application for attorneys’ fees, reimbursement of costs, or Service Awards to Settlement Class Representatives must file with the Court a written objection signed by the member of the Settlement Class by the Objection Deadline. (e) For an objection to be considered by the Court, the objection must be filed with the Court and must include the following: (1) the Settlement Class Member’s full name, address, email address, and telephone number; (2) an explanation of the basis upon which the objector claims to be a Settlement Class Member; (3) whether the objection applies only to the objector, to a specific subset of the class, or to the entire class, and the reasons for his/her/its objection, accompanied by any legal or factual support for the objection; (4) the name of counsel for the objector (if any), including any former or current counsel who may seek or receive compensation for any reason related to the objection; (5) the case name and civil action number of any other objections the objector or his/her/its counsel have made in any other class action cases in the last 4 years; and (6) whether the objector intends to appear at the Final Approval Hearing on his/her/its own behalf or through counsel. Counsel for any objector must enter a Notice of Appearance no later than 14 days before the Final Approval Hearing. (f) Any Settlement Class Member who timely and properly objects may appear at the Final Approval Hearing, either in person or through an attorney hired at the Settlement Class Member’s own expense. (g) A member of the Settlement Class may not both opt-out of the Class Action Settlement and object to the Class Action Settlement. If a member of the Settlement Class submits both a request for exclusion/opt-out and an objection, the request for exclusion/opt-out will control. A member of the Settlement Class who opts-out of the Class Action Settlement may not object to the fairness of this Settlement Agreement. (h) Any Settlement Class Member who does not make an objection in the time and manner set forth herein shall be deemed to have waived any objections and be forever foreclosed from making any objection to the fairness or adequacy of the Class Action Settlement, including but not limited to the compensation of Settlement Class Members, the award of attorneys’ fees and reimbursement of costs, the Service Awards, or the Final Approval Order and Judgment of Dismissal.

Opt Outs and Objections. (a) Any member of the Settlement Class Member who wishes to be excluded from the Settlement Class Classes must advise the Parties Settlement Administrator in writing of that intent and the opt-out request must be postmarked no later than the Opt-Out Deadline. Any member of the Settlement Class Members who does do not properly and timely submit an opt-out request will be bound by this Settlement Agreement and the Final Approval Order and Judgment of Dismissaljudgment, including the releases contained in this Settlement Agreementreleases. (b) Any member of the Settlement Class Member who submits a valid and timely request for exclusion/opt-out exclusion to the Settlement Administrator will not be bound by the terms of this Settlement Agreement. In a written request for exclusion/opt-out, the member Settlement Class Member must includestate: (1) the member’s Settlement Class Member's full name; (2) the member’s Settlement Class Member's address, telephone number, and email address; (3) a statement indicating that they are a member of one or more of the Settlement Class Classes and wish to be excluded/opt-out excluded from the Class Action Settlement; and (4) the member’s Settlement Class Member's signature. (c) In no event will the Trustee opt out from the Settlement Class, in any capacity or on behalf of any Contributing Claimant(s). (d) Any member of the Settlement Class Member who intends to object to this Settlement Agreement or to Settlement Class Counsel’s 's application for attorneys’ ' fees, reimbursement of costs, or Service Awards to Settlement Class Representatives must file with the Court a written objection signed by the member of the Settlement Class Member by the Objection Deadline. (e) . For an objection to be considered by the Court, the objection must be filed with the Court and must include the following: (1) the Settlement Class Member’s 's full name, address, email address, and telephone number; (2) an explanation of the basis upon which the objector claims to be a Settlement Class Member; (3) whether the objection applies only to the objector, to a specific subset of the class, or to the entire classSettlement Class as a whole, and the reasons for his/her/its his or her objection, accompanied by any legal or factual support for the objection; (4) the name of counsel for the objector (if any), including any former or current counsel who may seek or receive compensation for any reason related to the objection; (5) the case name and civil action number of any other objections the objector or his/her/its his or her counsel have made in any other class action cases in the last 4 years; and (6) whether the objector intends to appear at the Final Approval Hearing on his/her/its his or her own behalf or through counsel. Counsel for any objector must enter a Notice of Appearance no later than 14 days before the Final Approval Hearing. (fd) Any Settlement Class Member who timely and properly objects may appear at the Final Approval Hearing, either in person or through an attorney hired at the Settlement Class Member’s 's own expense. (ge) A member Settlement Class Member may not both opt out of the Settlement Class may not both opt-out of the Class Action Settlement and object to the Class Action Settlementobject. If a member of the Settlement Class Member submits both a request for exclusion/opt-out exclusion and an objection, the request for exclusion/opt-out exclusion will control. A member of the Settlement Class Member who opts-opts out of the Class Action Settlement may not object to the fairness of this Settlement Agreement. (hf) Any Settlement Class Member who does not make an objection in the time and manner set forth herein shall be deemed to have waived any objections and be forever foreclosed from making any objection to the fairness or adequacy of the Class Action Settlement, including but not limited to the compensation of Settlement Class Members, the award of attorneys’ ' fees and reimbursement of costs, the Service Awards, Awards or the Final Approval Order and Judgment Judgment. (g) The Settlement Administrator shall provide Class Counsel and counsel for Defendants with copies of Dismissalall opt-out notifications and, within 14 days after the Opt-out Deadline, shall provide counsel with a final list of all who have timely and validly excluded themselves from the Settlement Class.

Opt Outs and Objections. (a) Any member of the Settlement Class Member who wishes to be excluded from the Settlement Class Classes must advise the Parties Settlement Administrator in writing of that intent and the opt-out request must be postmarked no later than the Opt-Out Deadline. Any member of the Settlement Class Members who does do not properly and timely submit an opt-out request will be bound by this Settlement Agreement and the Final Approval Order and Judgment of Dismissaljudgment, including the releases contained in this Settlement Agreementreleases. (b) Any member of the Settlement Class Member who submits a valid and timely request for exclusion/opt-out exclusio n to the Settlement Administrator will not be bound by the terms of this Settlement Agreement. In a written request for exclusion/opt-out, the member Settlement Class Member must includestate: (1) the memberSettlement Class Member’s full name; (2) the memberSettlement Class Member’s address, telephone number, and email address; (3) a statement indicating that they are a member of one or more of the Settlement Class Classes and wish to be excluded/opt-out excluded from the Class Action Settlement; and (4) the memberSettlement Class Member’s signature. (c) In no event will the Trustee opt out from the Settlement Class, in any capacity or on behalf of any Contributing Claimant(s). (d) Any member of the Settlement Class Member who intends to object to this Settlement Agreement or to Settlement Class Counsel’s application for attorneys’ fees, fees and reimbursement of costs, or Service Awards to Settlement Class Representatives costs must file with the Court a written objection signed by the member of the Settlement Class Member by the Objection Deadline. (e) . For an objection to be considered by the Court, the objection must be filed with the Court and must include all of the following: (1) the Settlement Class Member’s full name, address, email address, and telephone number; (2) an explanation of the basis upon which the objector claims to be a Settlement Class Member; (3) whether the objection applies only to the objector, to a specific subset of the class, or to the entire classSettlement Classes as a whole, and the reasons for his/her/its his or her objection, accompanied by any legal or factual support for the objection; (4) the name of counsel for the objector (if any), including any former or current counsel who may seek or receive compensation for any reason related to the objection; (5) the case name and civil action number of any other objections the objector or his/her/its his or her counsel have made in any other class action cases in the last 4 years; and (6) whether the objector intends to appear at the Final Approval Hearing on his/her/its his or her own behalf or through counsel. Counsel for any objector must enter a Notice of Appearance no later than 14 days before the Final Approval Hearing. (fd) Any Settlement Class Member who timely and properly objects may appear at the Final Approval Hearing, either in person or through an attorney hired at the Settlement Class Member’s own expense. (ge) A member Settlement Class Member may not both opt out of the Settlement Class may not both opt-out of the Class Action Settlement and object to the Class Action Settlementobject. If a member of the Settlement Class Member submits both a request for exclusion/opt-out exclusion and an objection, the request for exclusion/opt-out exclusion will control. A member of the Settlement Class Member who opts-opts out of the Class Action Settlement may not object to the fairness of this Settlement Agreement. (hf) Any Settlement Class Member who does not make an objection in the time and manner set forth herein shall be deemed to have waived any objections and be forever foreclosed from making any objection to the fairness or adequacy of the Class Action Settlement, including but not limited to the compensation of Settlement Class Members, the award of attorneys’ fees and reimbursement reimburse ment of costs, the Service Awards, or the Final Approval Order and Judgment Judgment. (g) The Settlement Administrator shall provide Class Counsel and counsel for Assurance with copies of Dismissalall opt-out notifications and, within 14 days after the Opt-out Deadline, shall provide counsel with a final list of all who have timely and validly excluded themselves from the Settlement Classes.